David Kessler - No Way Out

“Thank you,” said Sinclair smiling with relief. “No further questions.”

The ADA sat down sat down. Carter was about to leave the witness stand.

“Oh just a minute,” said Justice Wagner. “I think counsel for the defense wants to ask you a few questions.”

Carter, turned back and re-entered the stand, looking somewhat disoriented. Nick Sinclair smiled inwardly at this. When Carter wilted under Alex’s bullying, it would create sympathy for him, and thus for Bethel too.

But after a brief conference at the defense table, it was Andi who rose to cross-examine. She flashed a reassuring smile at the witness. He knew that she was supposed to be the enemy. But she seemed so inoffensive that he was forced to smile back nervously.

“Mr. Carter,” Andi began gently. “You say that you were hiding behind a tree is that right?”

“That’s right.”

“And were you hiding your face as well?”

“I don’t understand.”

“Well if you stuck your head out from behind the tree, then wasn’t there a danger that some one might see you — the very thing you were trying to avoid?”

“But I didn’t stick my head out. I kept it hidden.”

“So how did you see the man when he ran past you?”

“Well he ran past the tree. I saw him when he ran past the tree.”

“Are you saying that he turned to look at you as he ran past the tree? Like he knew you were there?”

“No. He just ran straight past like a bat out of hell.”

“Like a bat out of hell?”

“Yes.”

“So he didn’t turn to look at you.”

“I just said he didn’t,” snapped Carter, irritated.

“Then how did you see his face?”

“Well I saw… I mean he… well I mean he didn’t look at me but I could see part of his face. I mean…”

“ Part of his face?”

“Well… the side of his face.”

“When he ran past you.”

“Yes.”

“Like a bat out of hell.”

“ Yes! ”

Carter looked over at Nick Sinclair. She was lowering her head and avoiding his eyes.

“OK let’s review what we’ve got,” said Alex. “You heard screams, you were scared, you hid behind a tree and a man ran past you very fast without turning to look at you.”

“I didn’t say he was running fast.”

“You said like a bat out of hell.”

“Did I?” asked Carter, confused.

Andi paused to let Carter’s response sink in.

“No further questions.”

Andi sat down, letting her head drop. Nick Sinclair rose with as much dignity as he could muster.

“I have no redirect Your Honor.”

“The witness is excused,” said the judge.

Carter was escorted gently off the witness stand by a bailiff, as Andi looked on with what looked like a trace of sympathy. Sinclair sat down and Sarah Jensen rose. She regretted rounding off on a low note. It would have been better if Carter had been bullied on cross-examination, instead of simply being made to seem like the absent-minded old man that he was. But Carter’s testimony was intended as the icing on the cake. It wasn’t really essential. Even Bethel’s evidence, with its uncertainty over the attacker’s age and her past accusations of rape wasn’t really essential.

The scientific evidence was what counted in this case. In cases where the eye-witness or victim testimony is weak, scientific evidence was crucial. And in this case it was conclusive. The danger was that the jury would hold this debacle with Carter closest to the forefront of their memories. Therefore Sarah Jensen would have to remind them of the formidable scientific evidence in her closing.

She would take advantage of the O J Simpson trial, in which the DNA evidence was classified by one ignorant juror as “a whole lot of nothing.” This jury was educated enough to understand DNA evidence and would react differently. But there was something else she had to do first.

“Your Honor, the prosecution rests.”

Justice Wagner looked up at the clock on the courtroom wall opposite her and then at Alex Sedaka.

“Will the defense be ready to proceed on Monday morning.”

“Yes Your Honor.

“Then this court is adjourned until ten O’clock Monday morning.”

“All rise!” the bailiff intoned.

The lawyers, Claymore, jurors and spectators all stood. The judge rose with her customary dignity and left the courtroom. Andi and Alex started gathering up the papers in front of them. Claymore was standing with them, looking embarrassed. He wanted to ask them what his chances were, now that the prosecution’s case was nearly over. The truth of the matter was that there had been no surprises and Alex had by now had the chance to study the juror’s faces.

Throughout the case against him, Claymore had sat there in silence, not even leaning over to Alex when he wanted to tell him something. Alex had warned him against any behavior that might make him seem anxious or concerned. Instead, if he had anything important to say, he was to write it down on a note in front of him. Alex would see him writing and read it without turning his head.

But now before he was led away back to jail, he wanted to know where things stood.

“What do you think?” asked Claymore, quietly.

“How do you mean?” replied Alex, not really anxious to answer the question that he understood only too well.

“What are my chances?”

Alex didn’t look at his client as he put the last of his papers into his attache case. He still believed in his client, but he had a duty to be candid and honest.

“I won’t bullshit you Elias. We’ve got an uphill struggle ahead of us.”

“Mm, that feels good,” said Andi as Gene’s hands moved up and down, her thumbs squeezing Andi’s shoulders and upper back.

The room was dimly lit. Andi was lying on the bed in her underwear, while Gene gave her an intense yet soothing and relaxing massage. When Gene had turned up unannounced at Andi’s hotel room, a beaming smile had lit up Andi’s face. But now as she recalled the week’s events, the stress and strain of the trial began to take its toll.

“And the judge isn’t going to do anything about it unless we can prove that there was deliberate tampering,” Andi continued. “But the thing I’m worried about is that we just find some accidental glitch in the software that’s reducing the number of African-Americans on jury panels.”

By tacit agreement, Andi and Gene had suspended their rule against talking about the case together, although Gene was still prevented by an injunction from any contact with Bethel.

“But at least that’ll help in the future,” Gene comforted.

“Yes but it won’t help in this case.”

“You shouldn’t lose any sleep over it. Claymore isn’t exactly the most deserving client.”

“But he is the client and I’ve got a duty to do my best for him.”

“Then do your best. But don’t beat yourself up over it if the judge doesn’t accept your arguments. You’ve done your best by presenting the arguments. The rest is out of your hands.”

“It’s just that I can’t help feeling that this is some sort of a test of my integrity.”

Gene’s hands stopped working Andi’s shoulder muscles.

“ You’re not on trial Andi. Elias Claymore is. The only duty that you and Alex Sedaka have to Claymore is to give him the best of professional services.”

“But how can I be sure that I am giving my best?”

“Judging the by the TV coverage of the trial, I’d say you’re going above and beyond the call of duty.”

“Then how come I feel this case slipping away from us?”